Lee Ryan, a 43-year-old singer, has lost a High Court challenge over his conviction for a racially aggravated assault and behaving in an abusive way towards a cabin crew member.
The singer was found to have been 'slurring his words and staggering around' after drinking a whole bottle of port before a British Airways flight from Glasgow to London City Airport in July 2022.
After being refused more alcohol on the plane and told to return to his seat, Ryan made comments about flight attendant Leah Gordon's looks, calling her a 'chocolate cookie' before grabbing her wrists.
Ryan was handed a 12-month suspended prison sentence at Isleworth Crown Court in September 2023, and he subsequently brought a bid to appeal against his convictions.
The appeal was partially dismissed, and a Crown Court judge later refused to send the case to the High Court, finding the application to be frivolous.
Ryan then brought a separate legal challenge to the High Court over this decision, but in a ruling on Tuesday, two judges dismissed his bid.
Lord Justice Holgate and Mr Justice Johnson said Ryan had been allowed to have his appeal against his convictions heard in November 2023, with his sentence 'rescinded' at this time.
The judges found that there had been an inconsistency in Ryan's evidence about whether he had grabbed or only touched Ms Gordon's wrists, with the singer saying the police had misled him.
Dismissing the legal challenge, the judges said that the Crown Court was entitled to rely on the inconsistency between Ryan's account in interview and the account he gave in evidence.
The judges concluded that the Crown Court judge's decision not to send the case to the High Court was correct, adding that there was 'no error' in the decision.
Ryan will now return to court for sentencing, following the High Court's ruling.